RAMCHANDRA Vs. JAILAL

JUDGEMENT

(1.) This is a first appeal in execution proceedings by the pre-emptor. The appellant Ramchandra obtained a decree from the Court of District Judge on 30th of June 1948 for possession of certain house property by pre-emption on condition that he pays into the court within two months from the date of the decree Rs. 3359/- to the vendee Jailal. Ramchandra was also awarded costs of the suit to be paid by the vendee.

(2.) Ramchandra deposited the said amount of Rs. 3359/- for payment to the vendee on 20th of July 1948 and applied for execution of his decree for possession of the property. The vendee in the meanwhile filed an appeal to the High Court, Jodhpur, and the said Court by its decision, dated 4th of December, 1948, increased the amount payable by the pre-emptor to Rs. 4,159/- and directed that the amount of Rs. 800/- in excess of the sum already deposited be paid into the Court on or before the 4th of January, 1949 and left the parties to bear their own costs of the appeal. It may be stated that the price for which the property was purchased by the vendee from the vendor was Rs. 3,300/-. The trial court added Rs. 59/- by way of expenses incurred for registration of the deed of sale and patta fees. The costs which were awarded by the trial court to the plaintiff Ramchandra against the defendant vendee amounted to Rs. 397/8/-. The amount of Rs. 800/- directed by the High Court to be paid to the vendee in excess of the amount fixed by the lower court was by way of compensation for certain improvements made by the vendee after his purchase but before the suit for preemption.

(3.) After the disposal of the High Court, Ramchandra deposited Rs. 500/- on 3rd of January, 1949, for payment to the vendee and intimated to the court that he did not consider it necessary to deposit the remaining amount of Rs. 300/- to make up the total amount of Rs. 800/- as directed by the High Court in view of the fact that he was entitled to recover Rs. 397/8/- on account of costs from the vendee. He prayed for possession of the property in execution of his decree. On a technical objection that the decree executable was the decree of the High Court, a fresh application for execution of that decree was submitted by Ramchandra on 25th of February, 1949, reiterating his earlier prayer.